Local Rule 6004-1: SALE OF PROPERTY
Bankr. D.S.C. — General rule
LOCAL RULE 6004-1: SALE OF PROPERTY In addition to the requirements of SC LBR 9013-4, the provisions and forms set forth herein apply to the sale of property.
a. Sale of Property. Applications under Fed. R. Bankr. P. 6004 to sell, use, or lease property pursuant to 11 U.S.C. § 363(b)1 or to sell property free and clear of liens pursuant to 11 U.S.C. § 363(f)2 shall be in substantial conformance with the Court's local forms.
b. Order Approving Sale. A proposed order approving a sale, in substantial conformance with the Court's local forms,3 must specify the terms of the sale and not merely incorporate by reference the terms of the notice of sale.
c. Report of Sale. A report of sale, in substantial conformance with the Court's local form, must be filed by the moving party within fourteen (14) days after the closing of any sale of estate property.
Notes:
(2022) Paragraph (b) was amended to remove reference to Chambers Guidelines.
(2023) Paragraph (a) was amended to clarify the notice procedure and incorporate separate local forms for applications to sell property and applications to sell property free and clear of liens. Portions of former paragraph (b) were superfluous and removed as duplicative of or in conflict with the Bankruptcy Code, Federal Rules of Bankruptcy Procedures, and/or provisions in standard orders or notices.
(2025) The introductory language was amended to clarify the requirements imposed by this rule. The scheduling of motions regarding the sale of property remains governed by SC LBR 9013-4.
1 See Notice and Application for Sale of Property Pursuant to 11 U.S.C. § 363(b) (Chapter 7, 12, or 13); Notice and Application for Sale of Property Pursuant to 11 U.S.C. § 363(b) (Chapter 11). 2 See Notice and Application for Sale of Property Free and Clear of Liens Pursuant to 11 U.S.C. § 363(f) (Chapter 7, 12, or 13); Notice and Application for Sale of Property Free and Clear of Liens Pursuant to 11 U.S.C. § 363(f) (Chapter 11). 3 See Order Authorizing Sale of Asset Pursuant to 11 U.S.C. § 363(b); Order Authorizing Sale of Asset Free and Clear of Liens Pursuant to 11 U.S.C. §363(f).